ADMINISTRATION OF JUSTICE IN THE ARMED FORCES OF NIGERIA: SELECTED CASE STUDIES

Abstract

Fundamental Human Rights as enshrined in a nation's States Constitution, whether written or non-written is an inalienable right. This convention has been codified in the United Nations Declaration of Human Rights which all nation's States ascribe to. In Nigeria, the Fundamental Human Rights as protected under Chapter IV of the 1979 Constitution are examples of express constitutional rights.

In the administration of justice in the Armed Forces, the legal position of a soldier can best be described as an enigma. The dual status of a soldier makes him first and foremost as a citizen bound by the laws of the land and secondly by the doctrine of "Compact" subject to military law; and cannot appeal to Civil Courts to rescue him from his compact.

The Nigerian Armed Forces which has metamorphosed from a modest combat force with recruit intake pegged at the "First School Leaving Certificate" and sometimes illiterates, into a combat ready force with recruit intake enhanced to the General Certificate of Education level and above. It is estimated that there are more than three thousand Non-Commissioned Officers (NCO's) in the Armed Forces who are graduates of various universities either sponsored by the Services or self sponsored. These crop of articulate soldiers are very conscious of their rights as distinct from their predecessors who invariably could not read and write. It is, therefore, the task of the Military Commander to strike a balance between maintaining the finesse of military discipline and upholding the soldiers rights within the confines of the law in the administration of justice.

The purpose of this study is to critically examine the administration of justice as practiced in the Nigerian Armed Forces.

The study examines in some descriptive detail the background of the Nigerian Armed Forces with a view to tracing the source of its laws and legitimacy. The supremacy of the 1979 Constitution as amended by Decree 1 of 1984, will be discussed with specific reference to fundamental human rights. The judicial apparatus for maintaining discipline such as summary trials and Military Trials will be extensively discussed.

The Military Courts (Special Powers) Decree No. 23 of 1984, as amended will be examined with the attendant "Ouster Clauses". The study will focus on selected case studies with a view to examining the administration of justice as practiced in the Nigerian Armed Forces.

The methodology adopted for this work is all-embracing comprehensive research into military law, books (local and foreign), interviews and discussions with colleagues and Justice Department of the Ministry of Defence.